Minutes January 23, 2018 MINUTES OF THE OPEN SESSION OF THE RHODE ISLAND ETHICS COMMISSION January 23, 2018 The Rhode Island Ethics Commission held its 2nd meeting of 2018 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, January 23, 2018, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State. The following Commissioners were present: Ross Cheit, Chair Timothy Murphy Marisa A. Quinn, Vice Chair James V. Murray Arianne Corrente The following Commissioner(s) were not present: M. Therese Antone; Robert A. Salk; J. Douglas Bennett; and John D. Lynch, Jr. Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Kent A. Willever, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Jason Gramitt, Education Coordinator/Staff Attorney; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Steven T. Cross; Peter J. Mancini; and Gary V. Petrarca. At 9:05 a.m., the Chair opened the meeting. The first order of business was: Approval of minutes of the Open Session held on January 9, 2018. Upon motion made by Commissioner Quinn and duly seconded by Commissioner Corrente, it was VOTED: To approve the minutes of the Open Session held on January 9, 2018. AYES: Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: Timothy Murphy; and James V. Murray. The next order of business was: Advisory Opinions. The advisory opinions were based on draft advisory opinions prepared by Commission Staff for review by the Commission and were scheduled as items on the Open Session Agenda for this date. The first advisory opinion was that of: Charles Collins, a member of the Scituate Town Council, requests an advisory opinion regarding whether he qualifies for a hardship exception to the Code of Ethics’ prohibition on representing himself before the Scituate Zoning Board of Review, over which the Town Council has appointing authority. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present along with his attorney, Timothy Dodd. Upon motionmade by Commissioner Murray and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Charles Collins, a member of the Scituate Town Council. The next advisory opinion was that of: Stephen H. Lawton, the Chairman of the West Warwick School Committee, requests an advisory opinion regarding whether he is prohibited by the Code of Ethics from serving as a volunteer coach for the West Warwick High School Girls’ basketball team. Staff Attorney Popova Papa presented the Commission Staff recommendation. The Petitioner was present. In response to Chair Cheit, the Petitioner stated that six (6) people applied for the coach position. In further response to Chair Cheit and Commissioner Quinn, the Petitioner informed that he was not aware of a potential conflict when he applied for the position. He further informed that they began having discussions with the School Committee’s legal counsel after he was awarded the position by the Superintendent, and it was recommended that he seek an advisory opinion. The Petitioner stated that he was aware that, as a School Committee member, he could not accept compensation for the position. The Petitioner also stated that coaches in West Warwick must reapply each year. Uponmotion made by Commissioner Murphy and duly seconded by Commissioner Quinn, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Stephen H. Lawton, the Chairman of the West Warwick School Committee. The next advisory opinion was that of: Nicholas Izzi, a member of the Scituate Town Council, requests an advisory opinion regarding whether he may appear before the Scituate Village District Overlay Committee, the Zoning Board and Planning Board, the members of which the Town Council appoints, to obtain approvals to restore and renovate his commercial property that was damaged in a fire. Staff Attorney Gramitt presented the Commission Staff recommendation. The Petitioner was present. Uponmotion made by Commissioner Corrente and duly seconded by Commissioner Murphy, it was unanimously VOTED: To issue an advisory opinion, attached hereto, to Nicholas Izzi, a member of the Scituate Town Council. The final advisory opinion was that of: Michael Babbit, a member of the Town of Lincoln Budget Board, requests an advisory opinion regarding whether he may participate in the Lincoln High School Building Committee’s selection and oversight of a construction manager for the high school renovation project, given that it is expected that his private employer will submit a bid. Staff Attorney Popova Papa stated that she had expected the Petitioner to appear but he was not present. In response to Chair Cheit, Staff Attorney Popova Papa stated that she had spoken with the Petitioner last Friday and he had stated that he wanted to reread the draft because something therein did not appear to be right. She further stated that the Petitioner did not call her back to discuss the draft further and that she expected him to appear. Chair Cheit stated that the Petitioner should be given an opportunity to appear and object if he wishes. Legal Counsel DeSimone informed that the matter can be continued to the next meeting. The next order of business was: Director’s Report. Executive Director Willever reported that there were nine (9) complaints, including two non-filing ones, and eight (8) advisory opinions pending. He stated that ten (10) APRA requests were received since the last meeting, all of which were granted within one business day. Executive Session. At 9:25 a.m., uponmotion made by Commissioner Murray and duly seconded by Commissioner Murphy, it was unanimously VOTED: To go into Executive Session, to wit: 1. Motion to approve the minutes of the Executive Session held on January 9, 2018, pursuant to R.I. Gen. Laws § 42-46-5(2) and (4). 2. In re: Angelo A. Padula, Jr., Complaint No. 2017-7, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) and (4). 3. Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557, pursuant to R.I. Gen. Laws § 42-46-5(a)(2). 4. Security: A discussion of matters pertaining to the security of Commission personnel, office and meeting space, pursuant to § 42-46-5(a)(3). 5. Motion to return to Open Session. The Commission reconvened in Open Session at 10:19 a.m. The next order of business was: Motion to seal minutes of Executive Session held on January 23, 2018. Upon motion made by Commissioner Corrente and duly seconded by Commissioner Quinn, it was unanimously VOTED: To seal minutes of the Executive Session held on January 23, 2018. The next order of business was: Report on actions taken in Executive Session. Chair Cheit reported that the Commission took the following actions in Executive Session: 1. Voted (3-0) to approve the minutes of the Executive Session held on January 9, 2018. [Reporter’s Note: The vote was as follows: AYES: Arianne Corrente; Marisa A. Quinn; and Ross Cheit. ABSTENTIONS: Timothy Murphy; and James V. Murray.] 2. Voted (5-0) in the matter of In re: Angelo A. Padula, Jr., Complaint No. 2017-7, to approve an amended Informal Resolution and Settlement and impose a civil penalty of $250. 3. Received a litigation update in Luis Aponte v. Rhode Island Ethics Commission, Superior Court C.A. No. PC2017-1557. 4. Discussion of security matters. The next order of business was: Legislative Update. Chair Cheit informed that this matter will be continued to another meeting. New Business. Chair Cheit stated that COGEL sent a letter thanking Staff Attorney Gramitt for attending its annual meeting, and the House Speaker thanked Staff Attorney Gramitt for the training he provided. At 10:20 a.m., upon motion made by Commissioner Quinn and duly seconded by Commissioner Murphy, it was unanimously VOTED: To adjourn. Respectfully submitted, ______________________________ Robert A. Salk Secretary